| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Shirley L. Powell | Member | |
| Mr. John T. Meixell | Member |
2. The applicant requests that his records be corrected to show that he was placed in the Retired Reserve effective 15 April 1997.
3. The applicant states, in effect, that he thought he was placed in the Retired Reserve and never gave it another thought until he tried to get his commissary card and was informed that he had been discharged. He goes on to state that he was informed by officials at the Total Army Reserve Personnel Command (ARPERSCOM) that his status had not been properly recorded and he desires to be placed in the Retired Reserve effective 15 April 1997, with entitlement to all benefits that he would accrue from that date.
4. The applicant’s military records, though somewhat incomplete, show that he was inducted in Fresno, California, on 27 December 1965 and served on active duty until he was honorably released from active duty on 7 December 1967. He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his statutory service obligation.
5. He was honorably discharged from the USAR on 31 July 1970, for the purpose of enlisting in the California Air National Guard (CAANG) on 1 August 1970. He subsequently enlisted in the California Army National Guard and was promoted to the pay grade of E-7 on 21 April 1986.
6. On 31 January 1994, the applicant received his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) and was advised to submit a Survivor Benefit Plan (SBP) Election Certificate (DD Form 1883).
7. On 15 April 1997, he was honorably discharged from the California Army National Guard and his report of separation (NGB Form 22) shows that he was transferred to the Retired Reserve. He had 27 years, 3 months and 29 days of creditable service for pay.
8. In the processing of this case, a staff member of the Board contacted officials at the ARPERSCOM Retirement Services Office to determine the applicant's status. Officials at the ARPERSCOM informed the staff member that files at the ARPERSCOM had very little data on the applicant and showed that he had been discharged in 1970.
CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was qualified for transfer to the Retired Reserve at the time he was discharged from the California Army National Guard and the appropriate documents indicate that it was the intention of the officials at the time that he be so transferred.
2. Likewise, those documents would reasonably lead the applicant to believe that his transfer was properly accomplished. However, for reasons not explained in the available records, he was not transferred to the Retired Reserve.
3. Therefore, the Board finds that it would be in the interest of justice to transfer him to the Retired Reserve effective 15 April 1997, the date he should have been originally transferred, and that he be entitled to all benefits that he would have accrued from that date, if any.
4. In the event that his SBP Election Certificate cannot be located, he will be afforded the opportunity to complete another election form and any other documents necessary to properly accomplish his transfer to the Retired Reserve.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was transferred to the Retired Reserve effective 15 April 1997, with entitlement to all benefits from that date and authority to complete any and all documents necessary to accomplish the transfer, after the fact.
BOARD VOTE:
__jm____ ___slp __ __sac ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Samuel A. Crumpler___
CHAIRPERSON
| CASE ID | AR2002082407 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/06/10 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 335 | 135.0300/TRAN RET RES |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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